Rejection of the Antitrust Division’s Position on the Running of the Statute of Limitations until the Last Payment

Roxann E. Henry, Antitrust in the Americas Conference - Proceedings, Rio de Janeiro, Brazil, June 11-12, 2015

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The Antitrust Division of the Department of Justice claims the statute of limitations for a criminal antitrust violation1 does not begin to run until the last payment is collected by a conspirator on a sale that was the subject of collusion. Recent decisions show this sweeps too broadly. Whether collaborative conduct extends into the limitations period requires greater attention.

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